Staff Report to the North Ogden City Council

Transcription

1 Staff Report to the North Ogden City Council SYNOPSIS / APPLICATION INFORMATION Application Request: Discussion and action regarding a legislative application proposing an amendment to : Fence Height Regulations Agenda Date: January 24, 2017 Applicant: Brice Jenson File Number: ZTA STAFF INFORMATION Brandon Bell, CNU-A Planner 1 bbell@nogden.org (801) APPLICABLE ORDINANCES North Ogden City Ordinance Fence Height Regulations LEGISLATIVE DECISION When the City Council is acting as the land use authority, it is acting in a legislative capacity and has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions on land use issues require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a decision related to a legislative matter require compatibility with the general plan and existing codes. BACKGROUND A resident submitted an application in April 2016 to amend the text of the City s zoning ordinance to allow fences of a taller height on corner lots in areas where the fence is adjacent to a driveway on a neighboring lot. Further, we have received a number of phone calls by other residents regarding this issue. The Planning Commission held discussions regarding fence height regulations in their May 18, June 15, and July 6, 2016 meetings. The City Council met on August 9 to discuss a previous version of the ordinance amendment that was recommended to them by the Planning Commission. At that meeting, the City Council requested a field trip to gain a better understanding of the issue. Accordingly, members of the Planning Commission and City Council participated in field trips on this issue to see fence examples in North Ogden City on September 20 and October 4, 2016 with an additional discussion occurring at a joint work session immediately after the second field trip. The Planning Commission then met on November 2, 2016 and reviewed a proposed amendment based on City Council feedback from the October 4, 2016 work session.

2 ZTA Fence Height Regulations Amendment Page 2 of 3 Staff prepared a revised ordinance amendment based on the specific criteria provided by the City Council and Planning Commission members in the October 4, 2016 joint work session, and the November 2, 2016 Planning Commission meeting, which allows the option for 6 tall solid fences in side yards on corner lots. Staff presented the revised ordinance amendment to the Planning Commission on December 7, 2016, and the Planning Commission reviewed and recommended the proposed amendment to the City Council. Currently, six feet (6 ) in height is the maximum allowed fence height for rear yards in our City ordinance, with the exception of corner lots, where fences may only be three and a half feet (3.5 ) in the side yard and the portion of the rear yard of a corner lot which is adjacent to a driveway or a vacant lot. SUMMARY The proposed ordinance as written, allows for a fence constructed in a side yard or the portion of the rear yard of a corner lot that is adjacent to the street, to be 6 tall and solid in appearance, or allow spaces between slats, and to be located at 1 behind the sidewalk or at the property line, whichever is farther behind the sidewalk. Additionally, the proposed amendment allows a fence to be located farther than either of those two locations behind the sidewalk, while recommending 3 behind the sidewalk, for the purposes of snow storage, safety, ensuring maximum practical usability of the sidewalk, and appearance. Provision (B) (1) ensures that a fence built in a side or rear yard of a corner lot is not erected in the 40 sight triangle contained in a later section of the existing ordinance. Provision (B) (2) includes the requirement, for the sake of safety, that there be a 10 triangle, through which a clear view is preserved and in which a fence shall not be constructed, at the rear corner of the corner lot, when there is a driveway on the neighboring lot within 10 of the rear yard of the corner lot. Provision (B) (3) requires a 10 x 10 area on the lot which is adjacent to the rear yard of a corner lot, wherein no driveway may be constructed, and wherein no other obstruction to view is allowed. The prohibition on obstructions to view also applies to the area between the above listed square area and the asphalt. The applicant originally requested that we allow corner lots to have fences of a taller height in rear and side yards. The currently proposed ordinance amendment, based on the direction of the City Council and Planning Commission members provided at the October 4, 2016 work session, and subsequent review by the Planning Commission is very similar to the applicant s original proposal. CONFORMANCE TO THE GENERAL PLAN The following sections from the General Plan should be considered as part of this decision process: Vision: Assure that North Ogden remains a beautiful place to live, work, and recreate. Preserve the essential characteristics of a family friendly community that assures an enduring legacy, small town feel, and high quality of life in North Ogden. Community Character:

3 ZTA Fence Height Regulations Amendment Page 3 of 3 The safe nature of the community (this statement was listed as one feature of the community which makes North Ogden different from other small towns, and which makes residents want to stay forever. Complete Streets Policy: Consider changes that make the [street] network more safe, livable, understandable, and hospitable for all modes, users, and trip types including recreational and commuter bicycle riders, pedestrians of all ages and abilities, auto and transit users, and large freight haulers. Provide children and the elderly with opportunities to safely walk, bike, and ride transit in their community. SUMMARY OF CITY COUNCIL CONSIDERATIONS Is the City Council satisfied with the ordinance? Is this ordinance amendment consistent with the General Plan? PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the City Council adopt the proposed ordinance. EXHIBITS Exhibit A: Zoning Text Amendment Application Exhibit B: Applicant Letter & Submitted Ordinance Examples Exhibit C: Additional Ordinance Examples Submitted by Applicant Exhibit D: Ordinance Amendment Exhibit E: Background Information Document from Field Trips Exhibit F: Fence Height Combined Minutes

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9 COLLEEN & BRICE JENSON ATTENTION NORTH OGDEN CITY: Our five year old grandson is autistic, tall, and a great climber. But he doesn t communicate well and sometimes does not hear the words Stop you will hurt yourself. Over $30,000 a year is being spent to train him and to educate him, and he is showing encouraging progress and has been put into a main stream kindergarten class with a tutor. But he needs to be protected from cars and trucks. We want him to live the best life he can. We Need to Adequately Fence off our backyard play areas from driveways and streets to Protect All Our Grandchildren from being hit by cars. Three bachelors live in the house adjacent to our backyard, and each has a vehicle. Sometimes they back a large trailer next to their garage and our backyard. Across 3575 North is a rental home with teenage drivers who drive fast. Therefore, we need to change the North Ogden City ordinance FENCE HEIGHT REGULATIONS on corner lots to allow a 6 foot fence when a driveway exists on the adjacent lot greater than 10 feet (10 ) away from the shared property line. A clear view zone will be maintained. PRIMARY CHILDREN S HOSPITAL: It's among every parent's worst nightmares: You turn your back for just a second, and suddenly your child is in the middle of the street. Toddlers have been backed over and children under age 10 have been hit running into the street without looking, or chasing a toy. Over the past ten years, more than 60 Utah children were killed and more than 500 were injured by accidental back overs. Every six days a Utah child is run over in a driveway or parking lot. Getting hit by a car is the third leading cause of death for kids 5- to 9-years-old. Children are easily distracted and don t always pay attention, and they are also smaller, so they re more likely to sustain fatal injuries when they are hit.

10 Parent safety tip: Fence off play areas from driveways and streets. These accidents occur from a lapse in supervision as someone is either leaving or coming home from a trip. A child is lost track of for just a moment and ends up either in front of or in back of the car without the driver noticing. A child may slip out the door without being seen, and so the person leaving assumes the child is still safely inside. Or a child may break away and run after the parent who is leaving, either because they want to tell them something, need a last minute hug or kiss, or otherwise feel they need their parent. Occasionally they occur because a child is playing/hiding underneath a car. Back over accidents account for around 42% of all non-traffic related auto fatalities involving children each year. Distances for new fence:

11 1. Our house to East property line which parallels the neighbor s driveway 25 feet 6 inches 2. Our house to South sidewalk 21 feet 6 inches 3. Neighbor s driveway to our East property line 15 feet 4. Length of property line that will be fenced next to neighbor 53 feet 6 inches. Current North Ogden city ordinance states, Corner lots: No fence shall be erected to a height in excess of three and one-half feet in the rear or side yard of a corner lot which lay adjacent to a driveway located on an adjacent lot. There is no mention in ordinance of distance from the shared property line to the adjacent driveway. This limits the height of the protective fence to only 3 ½ feet at any distance from the adjacent driveway which is very dangerous to children who can climb. What is more important children s lives or a no limit clear vision zone. Sandy and Ogden both specify that 10 feet is enough distance for a safe clear vision zone when a driveway exists on the adjacent lot more than 10 feet from the shared property line. Here is our recommended new North Ogden Fence Height Regulations based on Sandy City and Ogden City FENCE HEIGHT REGULATIONS: B. Corner Lots: A clear view zone shall be maintained free of fencing, except a see through fence that is at least fifty percent (50%) open or a view obscuring fence no higher than three and one-half feet (3 ½) in height when a driveway exists on the adjacent lot within 10 feet (10 ) of the shared property line. The clear view zone refers to the portion of the corner lot lying with a triangular area formed by measuring back 10 feet (10 ) from the point where the interior property line shared with the adjacent lot meets the property line along the public right-ofway. Heights on the rear yard setback and interior side yard setback shall not exceed 6 feet.

12 SANDY CITY FENCE CODE 15A FOR CORNER LOTS 15A Fences - Residential Standards A. Side Yards and Rear Yards. In any required side or rear yard on lots, the height of fences shall not exceed 6 feet, unless otherwise allowed herein. B. Front Yards. Fences in required front yards shall be allowed provided that solid type fences shall not exceed 3 feet, and open type fences, e.g., wrought iron, shall not exceed 4 feet. C. Corner Lots. In addition to the other provisions contained in this Section, fences located on corner lots shall be subject to the following provisions: 1. Any fence, wall, and/or hedge on the front yard setback shall not exceed 3 feet if opaque construction or 4 feet if open construction. 2. In the side yard setback that fronts on a street, height up to 6 feet shall be allowed beyond 60 feet from the intersection measured from the intersecting extended curb lines. Height within the 60 foot area shall conform to the requirements of a front yard setback. Chapter 15A-28 - Fencing Sandy City Land Development Code Page -2- Chapter 28 - Fencing Adopted Date: September 16, 2008 Last Revision Date: September 3, 2008 Fence Figure #1 - Interior Lot Fence Height Restrictions Fence Figure #2 - Corner Lot Fence Height Restrictions 3. A clear view zone shall be maintained free of fencing, except a see through fence or a view obscuring fence no higher than 3 feet in height when a driveway exists on the adjacent lot within 10 feet of the shared property line. The clear view zone refers to the portion of the corner lot lying within a triangular area formed by measuring back 10 feet from the point where the interior property line shared with the adjacent lot meets the property line along the public right-ofway. 4. Heights on the rear yard setback and interior side yard setback shall not exceed 6 feet. Sandy City Land Development Code Chapter 15A-28 - Fencing

13 SALT LAKE CITY 2. Standards for all zoning districts: a. Corner Lots? Sight Distance Triangle: No solid fence, wall or hedge shall be erected to a height in excess of three feet (3 ) if the fence, wall or hedge is located within the sight distance triangle extending thirty feet (30 ) of the intersection of the right of way lines on any corner lot as noted in figure 21A I of this title. b. Corner Side, Side, Rear Yards? Sight Distance Triangle: Fences, walls or hedges may be erected in any required corner side yard (extending to a point in line with the front facade of the principal structure), side yard or rear yard to a height not to exceed six feet (6 ). The zoning administrator may require either increased fence setback or lower fence height along corner side yards to provide adequate line of sight for driveways and alleys. d. Sight Distance Triangle And See Through Fences: Within the area defined as a sight distance triangle, see through fences that are at least fifty percent (50%) open shall be allowed to a height of four feet (4 ). SALT LAKE CITY FENCE REGULATIONS CITY FENCE REGULATIONS HOA FENCE REGULATIONS Go Go Salt Lake City Postal Codes: 84101, 84102, 84103, 84104, 84105, 84106, 84107, 84108, 84109, 84110, 84111, 84112, 84113, 84114, 84115, 84116, 84117, 84118, 84119, 84120, 84121, 84122, 84123, 84124, 84125, 84126, 84127, 84128, 84130, 84131, 84132, 84133, 84134, 84136, 84138, 84139, 84141, 84143, 84144, 84145, 84147, 84148, 84150, 84151, 84152, 84157, 84158, 84165, 84170, 84171, 84180, 84184, 84189, and Fence regulations specific to the city of Salt Lake City will apply to these zip codes. Your individual city/county will typically have specific requirements regarding fence installation. To that end, CFC Fences & Decks has provided the following information as a service to our customers. While we have

14 pulled this information and noted it below for your convenience, it would be best to check the city s official website in case updates have occurred. Salt Lake City Utah Fence Regulations: > Laws and City ordinances > type Fence in search box > enter > Salt Lake City Utah Website: Department of Community & Economic Development: Construction permits required-fees. Mobile home park construction permits required by the division shall be issued to properly licensed contractors as follows: A. A general building permit, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home occupant), curb, gutter, drives, piers, sidewalks, fence or wall, at a prescribed rate of two dollars per mobile home space; 10. Fence Restrictions: Fences and walls shall only be constructed after first obtaining a building permit subject to the standards of this section. Fencing location shall not encroach into any sight distance triangle. 21A FP Foothills Protection District: b. A sight obscuring or privacy type fence shall be of earth tone colors, or similar materials to the primary dwelling, and located in a way to screen private outdoor living spaces from off site view. 4. Front Or Corner Side Yard Fencing: Walls and fences located within the front or corner side yards or along dedicated roads shall not exceed a maximum of forty two inches (42 ) in height. (Ord ? 2(16-3), 1995) 21A Child Daycare: iv. Landscape Buffering: Any outside area where children are allowed must be fenced with a solid fence at least six feet (6 ) high. At least ten feet (10 ) from the fence to the interior portion of the property shall be landscaped in such a way that the area cannot be used by the patrons. 21A Accessory Uses On Accessory Lots: E. Fences for accessory uses on accessory lots, to prevent the loss of recreational equipment, shall not exceed twelve feet (12 ) when they are located at least ten feet (10 ) from the closest property line. A maximum fence height of six feet (6 ) within ten feet (10 ) of side yard and rear yard property lines shall be permitted. Fences exceeding six feet (6 ) shall be made on a flexible nonopaque material, mesh, or netting. 21A Regulation Of Fences, Walls And Hedges:

15 B. Location: All fences, walls or hedges shall be erected entirely within the property lines of the property they are intended to serve. C. Building Permit Required: 1. A no fee building permit shall be obtained prior to construction of any fence that does not exceed six feet (6 ) in height and is not made of concrete or masonry or does not require structural review under the international building code regulations. The permit is to ensure compliance with adopted regulations. 2. A building permit and fee are required for fences and walls which exceed six feet (6 ) in height and all fences or walls of any height that are constructed under the international building code. The permit is to ensure compliance with all zoning ordinance standards and requirements (location, height, types of materials) as well as to ensure the structural integrity of the pilasters and foundation system which will be verified by plan review and site inspection. 3. The application for a permit must include plans identifying the location and height of the proposed fence or wall. If the fence or wall is constructed of masonry or concrete of any height or exceeds six feet (6 ) in height, construction details showing horizontal and vertical reinforcement and foundation details shall be shown on the plans. 4. The building permit fee for a fence will be a general permit fee based on construction costs or valuation of the work. 5. Construction of any fence in the following districts shall also comply with the additional fencing regulations found in the following subsections of this title: a. FP foothills protection district (21A I), b. H historic preservation overlay district (21A E), and c. Foothill residential FR-1, FR-2 and FR-3 districts (21A P). D. Design Requirements: 1. Residential districts (chapter 21A.24, Residential Districts, of this title): a. Allowed Materials: Fences and walls shall be made of high quality, durable materials that require low maintenance. Acceptable materials for a fence include chainlink, wood, brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy board) or other manufactured material or combination of materials commonly used for fencing. b. Prohibited Materials: Fences and walls shall not be made of or contain: i. Scrap materials such as scrap lumber and scrap metal.

16 ii. Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood. 2. Nonresidential districts (chapters 21A.26 through 21A.34 of this title: commercial districts, manufacturing districts, downtown districts, gateway districts, special purpose districts and overlay districts): a. Allowed Materials: Fences and walls shall be made of high quality, durable materials that require minimal maintenance. Acceptable materials for fencing in nonresidential districts include, but are not limited to, chainlink, pre-woven chain-link with slats, wood, brick, tilt-up concrete, masonry block, stone, metal, composite/recycled materials or other manufactured materials or combination of materials commonly used for fencing. E. Height Restrictions: 1. Standard for residential zoning districts: No fence, wall or hedge shall be erected to a height in excess of four feet (4 ) between the front property line and the front facade of the principal structure. 2. Standards for all zoning districts: a. Corner Lots?Sight Distance Triangle: No solid fence, wall or hedge shall be erected to a height in excess of three feet (3 ) if the fence, wall or hedge is located within the sight distance triangle extending thirty feet (30 ) of the intersection of the right of way lines on any corner lot as noted in figure 21A I of this title. b. Corner Side, Side, Rear Yards?Sight Distance Triangle: Fences, walls or hedges may be erected in any required corner side yard (extending to a point in line with the front facade of the principal structure), side yard or rear yard to a height not to exceed six feet (6 ). The zoning administrator may require either increased fence setback or lower fence height along corner side yards to provide adequate line of sight for driveways and alleys. c. Intersection Of Driveway Or Alley Within Public Way?Sight Distance Triangle: Solid fences, walls and hedges located near the intersection of a driveway or an alley within the public way shall not exceed thirty inches (30 ) in height within a ten foot (10 ) wide by ten foot (10 ) deep sight distance triangle as defined in figure21a i of this title. d. Sight Distance Triangle And See Through Fences: Within the area defined as a sight distance triangle, see through fences that are at least fifty percent (50%) open shall be allowed to a height of four feet (4 ). e. Alternative Design Solutions: To provide adequate line of sight for driveways and alleys, the zoning administrator, in consulting with the wwwelopment review team, may require alternative design solutions,

17 including, but not restricted to, requiring increased fence setback and/or lower fence height, to mitigate safety concerns created by the location of buildings, grade change or other preexisting conditions. f. Measuring: Measuring the height of a fence shall be from the established grade of the site as defined in section 21A of this title. g. Special Exception Approval Standards: The board of adjustment may approve taller fencing if the board finds that the extra height is necessary for the security of the property in question as defined in section 21A of this title. F. General Requirements: 2. Fences or walls shall be constructed with good workmanship and shall be secured to the ground or supporting area in a substantial manner and engineered so that the structure of columns or posts and the material used for the intervening panels are adequately constructed to support the materials and withstand wind loads. H. Encroachments: Encroachments into the sight distance triangle for driveways as defined and illustrated in part VI, chapter 21A.62 of this title, may be approved by the zoning administrator. This regulation shall also apply to sight distance triangles for alleys. 21A Special Landscape Regulations: a. Landscape Yard Requirement: A landscape yard of fifteen feet (15 ) shall be required as measured from any point along all property lines. Fencing, pursuant to section 21A of this title, can be used as an element of the overall landscaping plan, however, shall not be used in lieu of the landscaping requirements of this section. The purpose of any fencing on downtown lots is for aesthetic value only, and shall consist of wrought iron or other similar material (no chain-link). Fencing shall be open so as not to create a visual barrier, and shall be limited to a maximum of four feet (4 ) in height, with the exception of a fence located within thirty feet (30 ) of the intersection of front property lines on any corner lot as noted in subsection 21A E of this title. The approval of a final landscape plan, that includes a fencing element, shall be delegated to the building official with the input of the planning director, to determine if the fencing materials, location, and height are compatible with adjacent properties in a given setting. 2. Landscaped Interior Side Yard: Where the interior side yard abuts a residential use, a landscape yard eight feet (8 ) in width shall be provided. This landscape yard shall be improved as set forth below: a. A six foot (6 ) high solid fence or wall shall be constructed from the front yard setback line to the rear lot line. The outside edge of this fence or wall

18 shall be located no less than seven feet (7 ) from the side lot line. The requirement for a fence or wall may be waived by the zoning administrator if the building elevation facing the residential property is of a design not requiring screening by a fence or wall; 3. Landscaped Rear Yard: Where the rear yard abuts a residential use, a solid fence or wall shall be constructed along the entire length of the rear lot line. The requirement for a fence or wall may be waived if conditions on the lot, including landscape screening within the rear yard, eliminate the need for a fence or wall. (Ord ? 6, 2007: Ord ? 4, 2005: Ord ? 30, 2004: Ord ? 1 (Exh. A), 1995: Ord ? 2(24-10), 1995) 21A Specific Conditions For Certain Special Exceptions:. Additional Height For Fences, Walls Or Similar Structures: The board of adjustment may grant a special exception to exceed the height limits established for fences and walls in part IV, chapter 21A.40 of this title. The board of adjustment shall consider the established character of the affected neighborhood and streetscape, maintenance of public and private views, and matters of public safety. The board of adjustment shall evaluate the application for compliance with the following approval standards and conditions: 1. Approval Standards: a. Fences, walls or other similar structures which exceed the allowable height limits; provided, that the fence, wall or structure is constructed of wrought iron, tubular steel or other similar material, and that the open, spatial and nonstructural area of the fence, wall or other similar structure constitutes at least eighty percent (80%) of its total area; b. Fences, walls or other similar structures which exceed the allowable height limits within thirty feet (30 ) of the intersection of front property lines on any corner lot; provided, that upon consideration of existing traffic control wwwices, topographic conditions, street design, parking strip width, and other traffic related circumstances, it is determined by the board of adjustment, with the recommendation of the city transportation engineer, that additional height may be granted and still provide for adequate safety; c. Fences, walls or other similar structures incorporating ornamental features or architectural enhancements which extend above the allowable height limits; d. Fences, walls or other similar structures which exceed the allowable height limits, when erected around schools and approved recreational uses which require special height considerations; or

19 e. Fences, walls or other similar structures which exceed the allowable height limits, in cases where it is determined that an undesirable condition exists because of the abnormal intrusion of offensive levels of noise, pollution, light or other encroachments on the rights to privacy, safety, security and aesthetics. 2. Standards For Denial Of Height Exceptions: The board of adjustment may deny any request to exceed the maximum heights for fences, walls or other similar structures upon finding: a. That it is not in keeping with the character of the neighborhood and urban design of the city; b. That it would create a walled in effect in the front yard of any property in a residential district where the clear character of the neighborhood in front yard areas is one of open spaces from property to property; or c. Where there is a driveway on the petitioners property or neighbor s property adjacent to the proposed fence, wall or similar structure that presents a safety hazard. 3. Conditions: As a condition for authorizing modifications to required height limitations for fences, walls and other similar structures, the board of adjustment may require special landscaping, design features, specific types of materials and any other element which will in the opinion of the board of adjustment diminish the impact of the additional height on neighboring properties, or that make the fence, wall or other similar structure more attractive, or compatible with the neighborhood in which it is located.

20 ORDINANCE AN ORDINANCE OF NORTH OGDEN CITY AMENDING THE ZONING ORDINANCE OF NORTH OGDEN CITY TITLE 11, CHAPTER 10, SECTION 11, FENCE HEIGHT REGULATIONS TO ALLOW FOR FENCES OF TALLER HEIGHTS IN THE SIDE YARDS AND PORTIONS OF THE REAR YARDS OF CORNER LOTS, AND ESTABLISHING A MINIMUM DISTANCE FOR NEW DRIVEWAYS FROM THE REAR PROPERTY LINE OF CORNER LOTS ON LOTS WHICH ARE ADJACENT TO CORNER LOTS WHEREAS; The City has fence height regulations; and WHEREAS; The City is committed to providing regulations regarding fences which meet health and safety standards; and WHEREAS; The City desires to allow residents to meet their needs for safety, while also allowing the reasonable use of side and rear yards on corner lots, by means of appropriate fence height regulations; and WHEREAS; The existing fence height regulations do not allow for sufficient options for fences in side and rear yards on corner lots; NOW THEREFORE, BE IT ORDAINED by the North Ogden City Council that the North Ogden City Code Fence Height Regulations be amended. SECTION 1: Language to be amended: : FENCE HEIGHT REGULATIONS B. Corner Lots: No fence, hedge or other similar structure shall be erected to a height in excess of three and one-half feet (3½') six feet (6) in the rear or side yard of a corner lot., which lay adjacent to: 1. A vacant lot; or 2. A driveway or garage access located on an adjoining lot. Fences located in a side yard or portion of a rear yard of a corner lot which adjoins a street or public right-of-way, may be solid in appearance, or may preserve a degree of visibility between slats or similar elements, and may be located either on the property line or on a line located twelve feet (12 ) behind the edge of the asphalt in the street; whichever of these locations is farther away from the edge of the asphalt. The fence may also be located at a distance farther behind the edge of the asphalt than the distance determined from among the two listed above to be farthest from the edge of the asphalt. (While not required, a three foot (3 ) distance behind the sidewalk is recommended, if a sidewalk is

21 present, in order to provide an increase in space for snow storage, safety, practical usability of the entire width of the sidewalk by pedestrians, and aesthetic value.) Along the rear boundary of the corner lot, the fence may be located on the rear property line. A fence located in a side yard or portion of a rear yard of a corner lot which adjoins a street or public right-of-way, shall have the following additional limitations and requirements: 1. Any fence erected in a side yard of a corner lot, in excess of 2 feet in height, shall not encroach into the forty foot (40 ) triangular area required for a corner lot, as specified in subsection (C) of this section. 2. On any corner lot where a driveway on an adjoining lot is located less than ten feet (10 ) from the rear property line of the corner lot, any fence constructed in a side yard or portion of a rear yard of that corner lot, which adjoins a street or public right of way, after the date of adoption of this ordinance, shall preserve a clear view through a triangular area on a portion of the rear yard of the corner lot (in addition to and separate from the 40 triangular area specified in subsection C of this section), wherein no fence, hedge, similar structure, or other obstruction to view shall be allowed. This triangular area shall be determined by measuring a line ten feet (10 ) in length, starting at the point where the rear property line of the corner lot intersects the public right-of-way or the line twelve feet (12 ) behind the edge of the asphalt (whichever has been determined to be farther behind the edge of asphalt), along the rear property line of the corner lot, and then measuring another line ten feet (10 ) in length, also starting at the same point as the first line mentioned immediately above, along the public right-of-way, or the line twelve feet (12 ) behind the edge of the asphalt (whichever has been determined to be farther behind the edge of asphalt), towards the front of the corner lot, and then connecting the farthest points of the two ten foot (10 ) lines with a straight line. 3. Any lot which is adjacent to the rear yard of a corner lot and which does not have a driveway, approach, or access way within ten feet (10 ) of the rear property line of the corner lot, shall not (upon the construction of a home, a new or expanded garage, or at any other time) after the date of adoption of this ordinance, be allowed to have a new driveway, approach, or access way constructed on it which is less than ten feet (10 ) from the rear property line of a corner lot which adjoins the two lots, for the first ten feet (10 ) behind the line mentioned above whereon a fence on a corner lot, in a side yard or portion of a rear yard which adjoins a street or public right-of-way, may be located, as described earlier in this subsection. Further, a clear view shall be maintained through this same ten foot (10 ) by ten foot (10 ) area, as well as the area directly between this ten foot (10 ) by ten foot (10 ) area and the

22 edge of the asphalt, wherein no fence, hedge, similar structure, or other obstruction to view shall be allowed. SECTION 2: This ordinance shall take effect upon adoption. PASSED and ADOPTED this th day of 2017.

23 North Ogden City: Brent R. Taylor North Ogden City Mayor CITY COUNCIL VOTE AS RECORDED: Aye Nay Council Member Satterthwaite: Council Member Stoker: Council Member Swanson: Council Member Turner: Council Member Urry: (In event of a tie vote of the Council): Mayor Taylor ATTEST: S. Annette Spendlove, MMC City Recorder

24 Background Information for the City Council & Planning Commission Regarding Fence Height Regulations EXISTING ORDINANCE - FENCE HEIGHT REGULATIONS SITUATION A - Fence Height Standard for Fences When Driveways Are Adjacent to the Rear Yard of a Corner Lot SITUATION B - Fence Height Standard for Fences When Driveways Are Not Adjacent to the Rear Yard of a Corner Lot

25 Fence Height Ordinance Field Trip Background Information PROPOSED FENCE HEIGHT ORDINANCE AMENDMENT - RECOMMENDED BY PLANNING COMMISSION This proposed ordinance amendment is intended to allow an option for a six foot high fence for all side yards of corner lots, regardless of the location of a driveway or other accessway on an adjacent lot. Six foot fences in side yards would be allowed, if at least 50% seethrough, with a ten foot sight triangle required at the rear of a corner lot. Three and one half foot allowed height if less than 50% visibility through fence. Six foot allowed height if fence is 50% visibility or greater, when looking directly through the fence. Any Fence is required to be outside of a ten foot sight triangle at the rear of the corner lot when a driveway or accessway on lot adjacent to the rear of a corner lot is less than 10 away. No new driveways or acessways within 10 feet of a rear property line.

26 Fence Height Ordinance Field Trip Background Information For example, this is one type of fence that would be allowed under the proposed ordinance, recommended by the Planning Commission:

27 Fence Height Ordinance Field Trip Background Information ADDITIONAL OPTION FOR A FENCE HEIGHT ORDINANCE AMENDMENT This alternative would allow an option for a six foot high fence for all side yards of corner lots, regardless of the location of a driveway or other accessway on an adjacent lot, with a requirement that the fence in a side yard be set back from the property line a specified distance of five feet, ten feet, or another set distance. FENCE HEIGHT EXAMPLES The following are examples of fences in North Ogden City which serve as examples to demonstrate the issues related to setting standards in, or amending, a fence height ordinance. They are mostly grouped into clusters by address. Some addresses from this list will be selected to be visited during the field trip. Adjacent Drive with 6 fence (Out of Compliance with Current Ordinance) 2709 N 1050 E 2697 N 1050 E 575 E 2536 N 2311 N 600 E 640 E 2300 N 393 E 3700 N 221 E 3725 N 6 fence with 5-10 set back (These would be possible under the drawing for the additional option shown above, [Image has the text other options in the photo]) 2868 N 1025 E 1061 E 2850 N 1056 E 2850 N 1059 E 2925 N

28 Fence Height Ordinance Field Trip Background Information Fences with Partial Visibility (Addresses listed in bold are examples of high-quality fences) 793 E 1850 N 818 E 1800 N 140 E 2150 N 120 E 2150 N 102 E 2150 N 595 E 2600 N Fences along Walkway (Fences right next to sidewalk) 3550 N 600 E 3550 N 575 E 3550 N 500 E 3700 N Lakeview Dr. (450 E) 3625 N 375 E 3525 N 225 E 3700 N Rock St N 175 E 4050 N 100 E 3725 N 138 E 3225 N 138 E Mystery Meadows - (Neighborhood where recent fences in the process of being installed were requested to be changed due to ordinance violations) 1820 N 100 E 1700 N 100 E 1819 N 150 W W 150 E 2150 N 2050 N 150 E

29 Commissioner Barker Commissioner Mason Commissioner Russell Commissioner Nancarrow The motion carried. Commissioner Thomas then made a motion to amend the agenda by moving item 7d ahead of item 7c. Commissioner Mason seconded the motion. Voting on the motion: Chairman Waite Commissioner Thomas Commissioner Barker Commissioner Mason Commissioner Russell Commissioner Nancarrow The motion carried. d. ZTA DISCUSSION ON A LEGISLATIVE APPLICATION TO AMEND FENCE HEIGH REGULATIONS A staff memo from City Planner Bell explained when the Planning Commission is acting as the land use authority, it is acting in a legislative capacity and has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. A resident recently submitted an application to amend the text of the City s zoning ordinance to allow fences of a taller height on corner lots in areas where the fence is adjacent to a driveway on a neighboring lot. Further, we have received a number of phone calls by other residents regarding this issue. Staff believes that holding a discussion regarding this issue would be best so that the Commission can consider various options for amending this ordinance which would potentially meet both the needs of the applicant and the City. The applicant is requesting that we allow corner lots to have fences of a taller height (6 in height is the maximum allowed height in most rear yards in our ordinance) in rear yards where there are driveways in the neighboring yards which are adjacent to the rear yard of the corner lot. The applicant has also provided examples of other cities Planning Commission Meeting 18 May 2016 Page 8 of 16

30 ordinances that require a 10 sight triangle which the fence may not encroach into, when there is a driveway that is adjacent to the rear yard of a corner lot. Further, there are a number of concerns and issues related to safety and privacy which need to be addressed in deciding this issue. In order to ensure that the Planning Commission is fully advised on these issues, Staff will present a number of diagrams during the meeting which address the above solutions as well as other potential solutions as part of their report to the Planning Commission on this topic. The following sections from the General Plan should be considered as part of this decision process: Vision: Assure that North Ogden remains a beautiful place to live, work, and recreate. Preserve the essential characteristics of a family friendly community that assures an enduring legacy, small town feel, and high quality of life in North Ogden. Community Character: The safe nature of the community (this statement was listed as one feature of the community which makes North Ogden different from other small towns, and which makes residents want to stay forever. Complete Streets Policy: Consider changes that make the [street] network more safe, livable, understandable, and hospitable for all modes, users, and trip types including recreational and commuter bicycle riders, pedestrians of all ages and abilities, auto and transit users, and large freight haulers. Provide children and the elderly with opportunities to safely walk, bike, and ride transit in their community. The memo offered the following summary of potential Planning Commission considerations: Which option does the Planning commission prefer? Is this option consistent with the General Plan? The memo concludes staff recommends that the Planning Commission consider the options for amending the fence ordinance which are presented to them in the meeting and determine whether or not to amend the fence ordinance. If the Planning Commission would like to amend the ordinance, staff will prepare a draft and bring it back to the Planning Commission to review. Mr. Bell reviewed his staff memo as well as photographs that illustrate the type of cornerlot fencing that is permitted according to the current ordinance. He also reviewed renderings of the type of fencing that would be permitted if the applicant s proposal were approved by the City. The Planning Commission engaged in brief discussion regarding Planning Commission Meeting 18 May 2016 Page 9 of 16

31 the implications of the proposal, with a focus on setbacks and the sight triangle limiting view obstruction in front and side yards. Mr. Bell indicated that as staff has reviewed the application, they have tried to balance the privacy and usability of private lots with safety and for residents of the property as well as motorists. Mr. Scott added that corner lots are interesting; it is important to consider that a portion of the side-yard fence on a corner lot will serve as a fence on a portion of an adjacent property owner s front yard. Mr. Call emphasized that safety is the biggest issue the Planning Commission should consider and he suggested that the Planning Commission give careful thought to the documentation and fencing examples provided by the applicant. Bryce Jensen, 3582 N. 500 E., stated his concerns regarding fencing heights on corner lots came about when he and his wife started to regularly babysit their grandchildren; one of his grandchildren is six and is autistic, but he can climb over things of varied heights. He stated a 3.5 foot fence will not keep him in the backyard and while he has had a lot of good coaching, it is difficult to communicate with him. He provided multiple articles regarding citing occurrences of children being hit and killed by vehicles after they were able to get out of their yards. He stated that the adjacent property is occupied by three bachelors and their driveway is 15 feet from the property line. He indicated that other cities use a regulation that allows for a six-foot fence as long as the closest adjacent driveway is a minimum of 10 feet away. He added he will comply with the regulation to keep the fence one foot off the sidewalk as well. He stated he would like to install a six foot fence to keep his grandchildren in his backyard. He stated the traffic levels in his neighborhood are fairly high because there is a preschool and families with teenagers of driving age. He would use a vinyl fence to make it most attractive to the neighborhood, though he would be open to other types of security fencing with the exception of the chain link. He then addressed the section of the current ordinance relative to fencing requirements on corner lots adjacent to a vacant lot and suggested the provision be changed to require the person who eventually builds on the vacant lot to pour their driveway at least 10 feet away from the side yard fence. The Planning Commission commenced their review of the materials provided by Mr. Jensen, including photographs of his property and the neighboring properties. Mr. Jensen stated that all neighbors on his street have indicated they are not opposed to his recommendation. Commissioner Mason stated that any ordinance adopted by the City will apply to all corner lots in the City and the Planning Commission must take that into consideration. He added that allowing a six-foot fence on a corner lot to extend all the way to the sidewalk would impede the line of sight for motorists and possibly prevent them from seeing a pedestrian or bicyclist traveling on the sidewalk or in the road. Commissioner Thomas agreed and stated he does not like the idea of allowing solid fencing along a sidewalk, but he may be willing to consider a taller fence height depending on the fencing material, such as chain link, wrought iron, or other type of material that is transparent. This would address both issues: keeping children in the backyard and protecting the line of sight for motorists. Discussion and debate of the recommendation and potential Planning Commission considerations continued. Commissioner Mason wondered if the proximity of the closest driveway to the fence should be taken into consideration. Commissioner Thomas and Chairman Waite stated Planning Commission Meeting 18 May 2016 Page 10 of 16

32 the believe it should be taken into consideration only if the Planning Commission moved in the direction of allowing a taller fence that is made of see-through materials. Commissioner Mason asked the applicant if the recommendation to limit the materials that could be used for a taller side-yard fence on a corner lot is acceptable to him. Mr. Jensen answered. Mr. Call suggested that the Planning Commission focus on creating regulations that will apply to all corner lots in the City rather than providing exceptions that may be difficult to enforce. He suggested that a uniform distance between driveways and the nearest property be imposed on all properties. He also suggested that allowed fencing materials be included in the code. Mr. Scott agreed and stated that it is imperative that the Planning Commission consider the manner in which the City will administer or enforce the ordinance and help property owners avoid impeding the sight triangle. Kimberley Higgins, 3582 N. 500 E., stated she wanted to add her thoughts to the conversation. She referenced the potential to amend the ordinance to allow a six foot fence as long as it is transparent or see-through as well as the amendment that would limit the distance between the fence and adjacent property lines or driveways and stated that she feels requiring fencing that is 50 percent transparent will limit a property owners fencing options and essentially exclude vinyl. Commissioner Mason noted that only solid vinyl would be excluded. Ms. Higgins stated that semi-private vinyl fencing is still twothirds to 75 percent solid. It has been her experience that 50 percent see-through vinyl fencing is difficult to find and property owners would be left with the options of chain link or wrought iron. Commissioner Nancarrow agreed with Ms. Higgins and stated she feels that a property owners fencing options would be extremely limited if the 50 percent see-through provision were included in the code. Otherwise, property owners have the ability to fence their property within the parameters of the current ordinance, which she does not believe is flawed. She stated she personally would not be happy if she had a neighbor that erected a six foot fence along the entire length of her side-yard, extending into her front yard. Commissioner Mason stated that he believes there are opportunities to improve the ordinance by expounding on the term adjacent. Commissioner Thomas stated that he was concerned about pushing people in the direction of using chain link fence, but after conducting an internet search, he found other decorative options for see-through fencing that would not detract from the aesthetics of a property. He stated that he feels strongly that if a person living on a corner lot wants to fence their yard they should be allowed to erect a six foot fence as long as it is 50 percent see through. He stated he is not as concerned about amending the section of the code that dictates the minimum distance between a driveway and an adjacent property line. Commissioner Mason agreed that an amendment to the driveway provisions is not necessary at this time. Planning Commission discussion and debate continued and the body ultimately concluded to direct staff to consider ordinance amendments that would remove the term adjacent from the section of the ordinance in question and indicate that if a driveway is less than 10 feet from a neighboring fence, the owner of the fenced Planning Commission Meeting 18 May 2016 Page 11 of 16

33 property must maintain the sight triangle; if the driveway is more than 10 feet from fence, the requirement to maintain the sight triangle is negated. Also, six-foot fencing used on corner lots must be 50 percent transparent. Mr. Bell indicated he feels he has sufficient direction to proceed with drafting potential ordinance amendments. c. ZTA DISCUSSION ON A LEGISLATIVE APPLICATION TO AMEND THE NORTH OGDEN ZONING ORDINANCE, THE HOME OCCUPATION ORDINANCE PERMITTED USES TO ALLOW FIREARM SALE AND GUN REPAIR A staff memo from City Planner Bell explained when the Planning Commission is acting in a legislative capacity it has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a legislative decision requires compatibility with the general plan and existing codes. The City Council is requesting the Planning Commission to consider whether or not to allow firearm sales and or gun repair as a permitted home occupation use; this request came at the May 3, 2016 City Council meeting Home Occupations contains lists of both permitted and prohibited uses A (12) states, Any home occupation which is considered by the City Planner to fall under one of the permitted uses shall be authorized under that use. Furthermore, B (19) states, Any occupation which is not specifically permitted is considered prohibited unless properly categorized by the City Planner under a permitted use. When this ordinance was adopted it was understood by the Planning Commission, City Council, and Staff that periodically there may be some businesses that the Planning Commission and City Council should consider adding to the list of home occupation uses. Staff has received a request to operate a fire arms transfer agent (gun sales) business and also a gun repair business. This is a policy question, does the Planning Commission and City Council want to allow firearm sales and gun repair as home occupations? Federal firearms law requires firearm transfer agents have the gun purchaser come to the agent s home to do a background check. The background check is to ensure the potential buyer can own a firearm when the firearm has been purchased on the Internet. It also requires that the firearm be picked up at the agent s home. Product sales over the Internet are allowed as home occupations. The question before the Planning Commission and City Council is should firearm sales be added to either the allowed or prohibited list of uses? Attached is a copy of a federal firearm dealer checklist that anyone wishing to become a firearms dealer must comply with in order to receive a federal firearms license. There are Planning Commission Meeting 18 May 2016 Page 12 of 16